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Official newspaper of the Parliament of the Republic of South Africa Vol 04 issue 09 January 2023 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA WWW.PARLIAMENT.GOV.ZA #PARLIAMENTOFRSA 2 INSESSION NEWS Editor Brent Simons Production editor Mava Lukani Design and layout Vishaal Lalla Copy editor Jane Henshall Writers Abel Mputing, Jabulani Majozi, Sakhile Mokoena, Mava Lukani Photography Zwelethemba Kostile Distribution & subscriptions Jacqueline Zils Publisher Parliament of the Republic of South Africa Section Manager: Publishing and Production Shirley Montsho Copyright INSESSION is is published by the Information and Content Development Unit of the Parliamentary Communication Services of the Parliament of the Republic of South Africa.
All material published is copyrighted and cannot be reproduced without the written permission of the publisher.

EDITORIAL ENQUIRIES Telephone 021 403 8738 Fax 021 403 8096 E-mail insession@parliament.gov.za Subscriptions jzils@parliament.gov.za Post PO Box 15, Cape Town, 8000 OUR IDEALS Vision An activist and responsive people’s Parliament that improves the quality of life of South Africans and ensures enduring equality in our society.
• • • • • Strategic Objectives Strengthening oversight and accountability; enhancing public involvement; deepening engagement in international fora; strengthening cooperative government; strengthening legislative capacity.
BOOK A TOUR To tour Parliament Telephone 021 403 2266 Fax 021 403 3817 E-mail tours@parliament.gov.za Statement of Parliament’s Presiding Officers on the Passing of Dr Frene Ginwala DEMOCRACY IN ACTION: President Mandela and Speaker in the first democratic Parliament Dr Ginwala enter the National Assembly Chamber.

who dedicated their entire life to the required pursuit and advancement attainment of the free society we of knowledge, she left the country live in today.
As a torchbearer of our to pursue her studies in Bachelor of post-apartheid Parliament, Dr Ginwala Laws at the University of London.

She was exceptional and instrumental would later complete her Doctorate in in the formation of one of the most Philosophy at the University of Oxford acclaimed democracies and one of the before returning to South Africa in the best constitutions in the world.

1950s to carry on with the liberation struggle programmes and activities.
Born on April 25, 1932, in Johannesburg, in what was then Her educated mind, talent, Transvaal, her pursuit for social justice fearlessness and courage made her and equality began at a very early one of the assets in the liberation age.

Even as a child, Dr Ginwala was movement, engaging in various conscious of the policies of colonial strategic anti-apartheid struggle oppression and racial discrimination, programmes both domestically and which denied children of her colour internationally.
An internationalist par from attending certain racially excellence; Dr Ginwala exposed to the exclusive schools.

This did not sit well international community the crimes of with her, and with the innocence the oppressive regime in South Africa of a child and boldness, confronted through her sharp journalistic pen and a principal of a white-only school, as an ambassador of the liberation demanding to know why she couldn’t movement in various countries.

be admitted into his school.


That was the beginning of years of She was one of the powerful and a courageous and fearless activism influential revolutionary voices in exile, against the apartheid rule, which saw and was key in mobilising international her rising to prominence in the ANC at resistance through multinational a young age despite significant gender cooperation, including the imposition barriers women activists faced.

of sanctions against the She defied all the odds and the apartheid regime.
Dr Frene Ginwala South Africa has lost one of the foremost iconic leaders of our struggle for liberation, one of the pre- eminent midwives to our constitutional democracy and founding Speaker in our democratic Parliament, Dr Frene Ginwala.

Dr Ginwala was amongst revered, courageous and selfless revolutionaries girls.
Knowing well that the struggle for freedom and against injustice also African Development Community region and East Africa, she was limitations society imposed on young Through her links in the Southern OVERSIGHT 3 Committee enquiry into Public Protector’s fitness to hold office makes good progress instrumental in arranging safe passage for Oliver Tambo and other key freedom fighters who left the country to establish the liberation struggle programmes in exile.
A skilled journalist, editor and broadcaster, Dr Ginwala played a role in setting up and developing the Tanzanian communications system, under the tutelage of then-President Julius Nyerere, at the time when most ANC top leaders were exiled in neighbouring Lusaka during the apartheid era.

Between 1994 and 2004, Dr Ginwala served South Africa as the first Speaker of the National Assembly as the country ushered in a democratic dispensation.
It was during her tenure that saw Parliament adopting a new democratic Constitution, pass a raft of progressive and transformative pieces of legislation to shape the future of the young democracy.

With her deep political experience, global perspective, razor-sharp mind and intellectual rigour, she was instrumental in the democratic transformation of Parliament consistent with the new constitutional order, which included new systems and rules of the National Assembly.
Together with the first generation of presiding officers of Parliament and Members, and under her astute leadership, she transformed Parliament from a bastion of colonial and apartheid oppression to a truly MANDATE TO SERVE: The Section 194 Inquiry is investigating the Public Protector’s fitness to hold office.

democratic and people-centred Parliament.

She laid a firm foundation for a democratic legislative sector and fostered the principles of non- sexism, non-racialism and equality.
With her firm, erudite and no- nonsense leadership of the first democratic National Assembly, Dr Ginwala established solid and enduring oversight, law-making and participatory systems, which Parliament is still pursuing today.

The Committee for Section 194 Enquiry into Public Protector (PP) Adv Busisiwe Mkhwebane’s fitness to hold office has made great process in finalising its mandate since starting hearings in July 2022, writes Rajaa Azzakani.
To date, the committee has heard evidence from more than 20 She is undoubtedly counted amongst witnesses, the majority of whom were CIEX matter.

Other charges include the committee will continue with incompetence due to an alleged lack its aim of an inquisitorial process of knowledge and skill to execute the rather than an adversarial one.
The duties of office and a further charge committee resolved to appoint two of misconduct/incompetence relating evidence leaders to assist Members of to intimidation, harassment and/or Parliament serving on the committee.

victimisation of staff at the Office of the PP.

Since hearings began on 11 July 2022, several applications have been brought Although the committee was establish before it.
One of these called for the in 2021, Adv Mkhwebane made several recusal of the Chairperson and of DA failed attempts to stop the committee Member Mr Kevin Mileham.

Another from proceeding with its work and the committee was forced to stop working for months at a time to await the application was brought for the recusal of one of the evidence leaders, Adv Nazreen Bawa, SC.

All have been the best activists and respected called by evidence leaders to assist the outcome of those court proceedings.
unsuccessful.

stalwarts of our struggle for freedom, committee to assess the validity of the The committee finally got underway a selfless combatant and a lifelong charges in the motion before advocate for social justice, equality and the committee.

freedom.
freedom.

In 2005, Dr Ginwala was awarded the Order of Luthuli in Silver for her “excellent contribution to the struggle against gender oppression and her tireless contribution to the struggle for a non-sexist, non-racial, just and democratic society.” The committee was established by the National Assembly on 16 March 2021 to conduct a constitutional inquiry into the PP’s fitness to hold office.
The charges in the motion includes two of misconduct, one relating to the Vrede Dairy case and another relating to the South African Reserve Bank/ with its work in February 2022, after a Thus far, the committee has heard break of close to seven months whilst from 21 witness.

Many of them awaiting a Constitutional Court ruling are either former Public Protector on whether it can continue with the employees or still in the employ of enquiry into the fitness of a Chapter 9 the institution.
Other witnesses had institution head to hold office.

It then information relating to the SARB/CIEX adopted its terms of reference (ToR) as matter.

well as its draft programme.

Committee Chairperson Mr Qubudile Dyantyi then made it clear that The committee late last year concluded with witnesses called by evidence leaders Adv Bawa and Adv Ncumisa 4 INSESSION NEWS Mayosi.

Early this year, the committee to 3 March 2023.


Closing arguments began its work with hearings on the are expected to commence three evidence of a witnesses called by the days later, from 6 to 10 March.

The PP.

The PP’s legal team headed by committee support staff will then be Adv Dali Mpofu last week requested given 10 days to finalise drafting the the committee to summon a list of report, after which the committee five witness as they were unwilling to will deliberate on it.
The PP will be voluntarily testify or ignored requests afforded an opportunity to comment for assistance.

The committee, on the report from 27 March to however, only agreed to call two 14 April.

The committee will then witnesses, one being former PP consider the proposals by the PP and Adv Thuli Madonsela.

is expected to adopt its final report on 21 April 2023, effectively finalising According to the latest draft its work.
The report will then be programme, the committee is sent to the National Assembly for expected to hear from further consideration.

Mr Qubudile Dyantyi – Committee on Section 194 Chairperson witnesses for the PP from 13 February NCOP Debates Rising Number of Killings of Local Government Councillors elections in the early 1990s.
The only In his response to this remark, the difference now, he said, is that the Chairperson of the South African Local battle is not about ideology, but access Government Association, Mr Bheki to resources.

“It’s a contestation for Stofile, said one of the Moerane positions, tenders, money and power, Commission’s recommendations not ideology,” he added.

was to professionalise the ranks of local government.
But, he asked, Making the situation worse, Mr Ryder who would want to serve as a local reported claims made by the National government councillor, given the risk?

Prosecution Authority to the effect He was more interested in addressing that 40 per cent of political murder all the unresolved cases and the cases have not been prosecuted due to police’s slow response to threats of police interference.

He also mentioned violence and death.


that the qualifications necessary to become a councillor are very low, as The Deputy Minister of Police, Mr it requires no academic qualifications Cassel Mathale, responded that or competencies.

This makes local police have put in place safety and government a fertile ground for vicious preventative mechanisms to ensure contestations for resources.

councillors’ safety.


These mechanisms include, among others, an inter- Another NCOP permanent delegate, ministerial committee established Mr China Dodovu, urged the police to in 2018 and a task team comprising pursue these cases without fear or security and justice agencies.

He favour.

He pointed a finger at high- recounted that 302 dockets related to ranking politicians and businessmen these crimes have been opened and who have interests in tenders and 329 arrest have been made.
Currently, local government supply chains.

police detection rates for these crimes stands at 57 per cent and conviction NCOP permanent delegate Ms S’lindile rates at 85 per cent.

Luthuli called for a concerted effort to educate people involved in local He went further to state that some government about political tolerance 40 police officers have been arrested and the nature of democratic political for their alleged involvement in these contestation.

She further added that crimes.


“It is these successes that the ruling party must deal with the inspire us,” he said.

He reiterated intra-political contestations that lead to political killings.

She also that those involved in these crimes undermine the rule of law and he pointed out that the findings of the assured NCOP members: “It doesn’t Moerane Commission have not been matter who is involved in these implemented.
crimes, we will arrest both those who plot them and those who pull the trigger.” The National Council of Provinces (NCOP) held a debate recently on the rising number of local government councillors who have been murdered for political ends.
Participating in the debate, the Minister of Cooperative Governance and Traditional Affairs, Dr Nkosazana Dlamini- Zuma, remarked that the frequency and intensity of these callous attacks cannot go unpunished, as they are a sign that South Africa’s democracy is under attack.
Speaking about the findings of the Moerane Report on political killings in KwaZulu-Natal, the Minister mentioned that there is a perception that election to local government is a ticket to social upward mobility and access to resources.

Her argument was that if the socio-economic conditions of black people in general do not improve, such contestations for resources are bound to continue.
One permanent delegate to the NCOP, Mr Dennis Ryder, mentioned allegations that the police are involved in the murders in a manner reminiscent of how the apartheid police abetted the political violence that took place in KwaZulu-Natal before the first democratic general OVERSIGHT 5 Act requires the Minister of Finance to table a national adjustments budget as envisaged in section 30 of the Public Finance Management Act.
Section 12(2) of the Money Bills and Related Matters Act requires that “an adjustments appropriation Bill must be tabled with a national adjustments budget”.

The Adjustments Appropriation Bill provides for increases to allocations set out in the main Appropriation Act of 2022.

Total in-year spending adjustments amount to R13 billion, inclusive of the total adjusted appropriations per vote and adjusted estimates of direct charges against the National Revenue Fund (NRF).
Of the total in-year adjustments of R13 billion, R7.24 billion is with respect to direct charges against the NRF.
These include, amongst other things, a proposed additional allocation of R5.93 billion towards debt service costs; a proposed additional allocation of R48.5 million as unforeseeable and unavoidable expenditure through the Provincial Equitable Share for provincial Social Development departments for the continuation of care and protection of flood victims who were placed in shelters in KwaZulu-Natal; a proposed additional allocation of R306.26 million for state-owned companies (SOCs): Denel R204.7 million and the Land and Agricultural Development Bank R101.56 million; and a proposed additional allocation of R618.82 million for the skills levy and sector education and training authorities.
The Special Appropriations Bill, on the other hand, proposes to Parliament to appropriate additional funds in the 2022/23 financial year for the requirements of the Vote 10 Public Enterprises and Vote 40 Transport and to provide for matters connected therewith.

This proposed additional funding is allocated to three SOCs located across the Public Enterprises and Transport votes, namely, Transnet, Denel; and South African National Roads Agency.
The Bill proposes that R6, 278 billion and R23, 736 billion be appropriated from the NRF and be allocated to the Departments of Public Enterprises and Transport, respectively, for the 2022/2023 financial year.

The NCOP received the two Bills on 1 December 2022 after they were passed by the National Assembly.

Following deliberations in the House, the House agreed to adopt them without amendments.
The Adjustments Appropriation Bill provides for increases to allocations set out in the main Appropriation Act of 2022 The National Council of Provinces Passed Five Money Bills The National Council of Provinces (NCOP) passed five Bills at the beginning of December.

The Bills included the Rates and Monetary Amounts and Amendment of Revenue Laws Bill, the Taxation Laws Amendment Bill, the Tax Administration Laws Amendment Bill, the Adjustments Appropriation Bill and the Special Appropriation Bill.
The Minister of Finance, Mr Enoch Godongwana, formally tabled the 2022 Rates and Monetary Amounts and Amendment of Revenue Laws Bill (Rates Bill) on 26 November 2022.
The objectives of the Rates and Monetary Amounts and Amendment of Revenue Laws Bill and the Taxation Laws Amendment Bill are largely aimed at fixing the rates of normal tax; to amend the Income Tax Act (ITA), of 1962, to amend rates of tax and monetary amounts; to amend the Customs and Excise Act, of 1964, to Additional budget allocations for the year are tabled in Parliament by the Finance Minister amend rates of duty in Schedule 1 to that Act; to insert new tariff items; to employment tax incentives improperly claimed, advance rulings under delete tariff items; to delete rebate the Customs and Excise Act, and items; to insert rebate items; to amend addressing tax compliance status the Carbon Tax Act (CTA), of 2019, to system abuse.
amend a rate of tax and to amend the Rates and Monetary Amounts and The Adjustments Appropriation Bill and Amendment of Revenue Laws Act, of the Special Appropriations Bill, on the 2020, amongst the key other related other hand, were tabled in Parliament matters.
in terms of section 12(1) and (2) of the Money Bills and Related Matters The key proposals in the Tax Act as amended by the Money Bills Administration Laws Amendment Amendment Procedure and Related Bill include the imposition of Matters Amendment Act.
Section 12(1) understatement penalty for of the Money Bills and Related Matters 6 INSESSION NEWS NCOP passes the Anti-Money Laundering and Combating Terrorism Financing & the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bills PUBLIC PARTICIPATION: residents express their views on the Bill Financial Intelligence terrorist organisations; the possession Centre Act, the Financial and distribution of publications with Sector Regulation unlawful terrorism related content; Act, the Non-Profit the removal of or making inaccessible Organisations Act, publications with unlawful terrorism- and the Trust Property related content; and offences related Control Act.
It proposes to foreign travel and attempts to amending four of the leave the republic under certain abovementioned acts circumstances.

(not the NPO Act) to include a definition of It further seeks to provide for “beneficial owner”.
matters related to the Director of Public Prosecutions, in respect of It gives the executive the investigation and prosecution arm of government of certain offences; the issuing of unfettered powers to warrants for the search and cordoning make regulations on off of vehicles, persons and premises; access to information and provide a direction requiring the that is mainly private, particularly disclosure of a decryption key and in respect of trusts.
One of the the effect of a direction to disclose a main aims of the bill is to provide for the disclosure of the beneficial owners and the ultimate controllers decryption key.

When enacted into law, it will of trusts, companies and non-profit improve South Africa’s adherence organisations (NPOs).

It addresses 20 to international best practices in technical deficiencies identified by the combating financial crimes and FATF in its Mutual Evaluation Report.
corruption and stand as the strongest The Protection of Constitutional commitment to fighting financial Democracy Against Terrorist and crime.

possible evidence of the country’s November and were sent to the NCOP for concurrence.
General Laws (Anti-Money Laundering) Amendment Bill is an omnibus Bill aimed at amending various pieces of legislation to address deficiencies related to combatting money laundering and terrorism financing and bring South Africa into compliance with the global standards set by the Financial Action Task Force (FATF), the global regulator of anti-money Related Activities Amendment Bill laundering and counter-terrorism seeks to provide for the alignment The Bills will now be sent to the financing.
The Bill amends five pieces of legislation: the Companies Act, with international instruments adopted President for assent as required by the upon the implementation of the Act; Constitution and has been sent to the offences related to terrorist training; President for assent as required by the the joining and establishment of Constitution.
The National Council of Provinces (NCOP) passed two bills during its last plenary sitting for the year in 2022: the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill and the Protection of Constitutional Democracy Against Terrorist and Related Activities Amendment Bill.

The two Bills were passed by the National Assembly in OVERSIGHT 7 National Assembly and NCOP passes the Protection of Constitutional Democracy Against Terrorist and Related Activities Bill 18 October 2022.
In total, the Bill was open for public comment for 10 full weeks.

The call for submissions were published in national and regional newspapers in all 11 South African languages.
The Portfolio Committee received seven public submissions on the Bill, from among other stakeholders, Afriforum (Hurter Spies Attorneys made the submission on behalf of Afriforum); the Banking Association South Africa; International Committee of the Red Cross; Sussex Terrorism and Extremism Research Network; the Fish Hoek Valley Ratepayers and Residents Association; Freedom of Religion SA NPC; and Dear South Africa.

The campaign from Dear South Africa gathered 25 652 comments.
PASSING LEGISLATION: The two Houses of Parliament passed various Bills in its last sittings of 2022. to section 23; and clarification of the applicability of the aut dedere aut judicare principle with respect to all terrorism-related offences, particularly The first Bill is a fundamental component to avoid being grey listed The Bill will now be sent to the and it is critical to address technical President for assent as required by the compliance deficiencies (updating Constitution.
The National Assembly (NA) and the National Council of Provinces (NCOP) passed the Protection of Constitutional Democracy against Terrorist and Related Activities Bill during its last sittings in 2022. those contained in the principal Act.

of legislation) and the effectiveness of the system to address the risk of Particular provisions have been money laundering.
The deficiencies inserted into the Bill to deal with relate largely to terrorist financing (TF), foreign terrorist fighters, to address sanctions related to terrorism and TF, the sentencing of the financing of freezing orders and the publication of terrorism, and the extension of the notices by the United Nations Security Extradition Act, 1962 (Act No.

67 of Council.

The Bill, which was introduced to 1962), as required by the UNCTED’s Parliament on 19 July 2022, seeks report.
to amend certain definitions in the principal Act, insert some new offences related to maritime and aviation security, address the problem of foreign terrorist fighters, and shift the responsibility for the publication During the processing of the Bill, the Portfolio Committee on Police called In addition, the Bill addresses the for extensive public participation findings made by the 2019 mutual engagements including public hearings evaluation conducted by the Financial and written submissions.
The public Action Task Force (FATF) of its Anti- submissions were opened from 5 to Money Laundering and Combating of 19 August 2022 and later extended to of United Nations Security Council the Financing of Terrorism system.

Resolutions in a notice in the Gazette.
South Africa rated poorly in the Mutual The need to make provision in respect of foreign terrorist fighters in the principal Act was expressed by the United Nations Counter-Terrorism Evaluation Report published in October 2021 in that it failed in 20 of the 40 FATF core standards/recommendations (technical compliance) and also failed in all 11 effectiveness measures Executive Directorate (UNCTED) during (immediate outcomes), scoring its compliance visit to South Africa in 2018.
This included the disparity between the sentencing regime in terms of which a more severe penalty may be imposed in respect of money laundering as opposed to terrorist financing; lack of any reference to administrative sanctions for violating asset-freezing orders issued pursuant moderate and low effectiveness.
To address the technical compliance deficiencies, this Bill and the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Bill 2022 (B18- 2022) were submitted to Parliament for processing.

To address the technical compliance deficiencies, this Bill and the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Bill 2022 (B18- 2022) were submitted to Parliament for processing.
8 INSESSION NEWS Limpopo residents support Railway Safety Bill MAKE YOUR VOICE HEARD: Public participation in the drafting of legislation is a key pillar of democratic law-making.

which will be repealed through this Bill, did not prioritise black people to participate in the rail industry, forcing most to rely on moving their goods by road, which is very costly.
While there is a general support for the Bill, especially for its objectives of improving railway safety, ensuring that rail becomes a preferred mode of transport and contributes to economic development, there was also a concern about the Bill’s intent to give the Minister of Transport the powers to appoint the board and the chief executive officer of the Rail Safety Regulator.
Residents feel that the responsibility to appoint the board and the CEO should be given to an independent panel and that the process for such appointments should be conducted in public similar to the appointment of heads of chapter nine institutions and judges.

“Don’t give the Minister powers to appoint the board.

Instead, elect a panel to choose the board and the minister play an oversight role,” said Mr Thabo Machidi from Makhado Local Municipality.
There were also concerns about the threat of load shedding to the operations of the railway system, as well as theft of cables and other railway line equipment.
The Railway Safety Bill, which is currently subjected to a national public consultation process by the Portfolio Committee aims to amend the National Railway Safety Regulator Act 16 of 2002 by facilitating an improvement in general safety within the railway environment, and ensure that rail becomes an attractive mode of transport and contributes towards economic growth.
It also seeks to promote the harmonisation of the railway safety regime with the same objectives and requirements for safe railway operations as the Southern Africa Development Community (SADC) Netshisaulu from Musina, said an effective railway system will contribute to the growth of the local economy.

“Small-scale farmers and traders currently transport their produce by road, which is very expensive.
I believe railway will provide a safe and cheap mode of transportation for the small business sector,” he said.

There were also suggestions for the extension of the country’s railway network to areas where there has never been any railway, to link small towns and rural areas to the big cities through the rail system.
Some participants in the public hearings warned against the privatisation of the railway system and argued that the sector should be fully under the control of Most Limpopo residents attending Parliament’s public hearings on the Railway Safety Bill expressed their support for the draft legislation, in the hope that it will help resuscitate the railway sector, writes Sakhile Mokoena.
The Portfolio Committee on Transport held public hearings in Musina, Makhado and Polokwane local municipalities, where hundreds of residents had an opportunity to make inputs on the draft legislation.

Residents speaking during public hearings on the Bill told the portfolio committee that a safe and effective railway service will benefit small business in the area and also boost the planned new city for the Musina- Makhado special economic zone.

One such resident, Mr Madzinga government.


“Rail must be controlled by the state and not privatised.

I will region.

support the Bill provided there is no privatisation of our rail,” said Mr Reuben Makhoma.

The Bill’s objective of ensuring that rail becomes a preferred mode of transport and contributes to economic development has been especially welcomed by residents of Musina Local Municipality in Limpopo.
Other people said they welcomed the Bill because the old legislation, Committee Chairperson Mr Lisa Mangcu assured the communities that all their inputs will be considered when the committee sits down for deliberations after concluding public consultations in all nine provinces.

“Nothing is going to fall through the cracks.

Every input will be considered, everybody has a right to participate to the formulation of legislation.
We want to hear from the citizens about what amendments to add or remove from the Bill,” said Mr Mangcu.

Committee on Higher Education impressed with state of readiness in Kwazulu-Natal and Limpopo Provinces COMMITTEE OVERSIGHT: The Higher Education portfolio committee must check to see if tertiary institutions are ready for the new year to begin.
The Portfolio Committee on Higher Education, Science and Innovation conducted oversight visits to KwaZulu-Natal and Limpopo provinces to assess the readiness of universities, technical, vocational and education and training (TVET) colleges and community education centres (CETs).

Jabulani Majozi reports.


The committee began its first round of visits in KwaZulu-Natal to engage with post-school education and training institutions in the province as well the Department of Science and Innovation’s science, technology and innovation initiatives.

During the oversight, the committee met with institutional stakeholders such as councils, management, student representative councils (SRCs), institutional forums and labour unions.
These interactions enabled the committee to assess the state of affairs at the identified institutions with respect to governance, ensure that students can be able to administration, teaching and learning.

pay residence fees to private providers, have meals and transport fare to come The committee also inspected progress to the institution,” added on infrastructure development and Ms Mkhatshwa.
maintenance projects, as most institutions visited were recipients of The committee further commended capital infrastructure development the university’s efforts to extend the grants.

registration period and if necessary also allow walk-in registrations as The committee was of the view that students from rural communities have establishing synergies between challenges with online registration.
councils, management, SRCs and forums are the key to a successful start During its walk-about, the committee of the 2023 academic year.

Committee observed that the university is in the Chairperson Ms Nompendulo process of building a new engineering Mkhatshwa said: “The SRC is a facility.
The committee asked the recognised governance structure of the university to provide the committee institution and such we welcome the with its infrastructure maintenance initiatives and programmes of the SRC plan, as most of the infrastructure that contribute to a successful start of at the Dlangezwa Campus requires the academic year.” refurbishment.
The committee was briefed on the construction of the The committee noted that the new two student residences that will University of Zululand had committed accommodate 1 500 students at the itself to pay students who have been campus.

It also heard that three older confirmed as eligible by the National residences have been decommissioned Students Financial Aid Scheme (NSFAS) for refurbishment.
All these projects for funding and living allowances while will be handed over to the university waiting for NSFAS to pay the university in October and November 2023. the upfront payment.

“We are of the view that this is a progressive step to The committee further applauded the OVERSIGHT 9 university for developing a safety and security app for students to report their safety concerns.

The SRC reported that the app had assisted many students to receive prompt attention and deal with criminal elements.
The committee also interacted with the Umfolozi TVET College where it visited two of its campuses, Esikhawini and the Richards Bay.

The committee was interested to hear about the course in maritime studies offered by the college.

During the visit at Esikhawini, the committee welcomed the news that the campus has partnered with local businesses to strengthen students’ teaching and learning experiences.

The committee was also impressed by the way in which the college’s Richards Bay campus is equipped.
The committee implored the council, management, students and labour representatives to have a stakeholder engagement within three weeks and report back to the committee given the lack of stakeholder relations articulated by some in the meeting.

Limpopo Oversight Visits The PC on Higher Education also visited institutions of higher learning in Limpopo to assess readiness for the 2023 academic year.
The committee engaged with stakeholders and was satisfied with preparations for the 2023 academic year at Capricorn Technical and Vocational Education and Training (TVET) College and the University of Limpopo.

The committee began its oversight with a tour of the facilities at Capricorn’s Polokwane Campus.

The committee inspected the examination centre; the registration area; computer laboratories; hospitality workshops; and the electrical engineering and mechatronics computer laboratories.
The committee noted that the campus was built many years ago for white students.

Despite their age, the buildings are in good condition and few of them require maintenance.

The committee applauded the college for ensuring that administrative buildings have generators to deal with load shedding and is also busy expanding internet connectivity to cover buildings and lecture rooms that have no coverage.

The campus also has a clinic with counselling services to care for students’ mental wellness.
10 INSESSION NEWS The Chairperson of the Portfolio them to ensure a capable workforce Committee on Higher Education, is created to equip South Africa’s Science and Innovation, Ms economy with the skills it needs to Nompendulo Mkhatshwa, said: “We address the challenges of poverty, are pleased that the college has a inequality and unemployment,” said clinic that caters for students’ physical Ms Mkhatshwa.
“We implore the and psycho-social needs.” institutions to continue to engage and resolve any outstanding issues The committee further commended that may be a threat to the successful the University of Limpopo for the commencement of the 2023 cleanliness of its campuses.

However, academic year.” much maintenance work still needs to be done to upgrade student The committee also visited Vhembe residences.
The committee welcomed TVET College where members were both institutions’ plans to implement impressed with the maintenance and maintenance projects and new cleanliness of its Makwerela Campus.

infrastructure developments and urged The committee also noted that there that they be completed on budget and is room for improvement in certain on time.

areas within the campus.


The college has a student population of about 23 Access to residences for disabled 000 and 98 per cent of critical staff students remains a concern.

However, positions are filled.

the committee is aware of the challenges across the country in this Meanwhile, the committee was regard and would like to see this not impressed with the condition trend addressed.
Other institutions can of the University of Venda on its learn best practice relating to access final oversight to the campus in and care for the disabled from the Thohoyandou.

The committee was University of Limpopo.

The university’s concerned that the campus was dirty Disability Unit is well equipped with and that the university could not staff and resources to support the confidently say it was ready for the learning of students with disabilities.

2023 academic year.
2023 academic year.

The committee The committee noted that students urged the university management and with severe disabilities are allowed stakeholders such as organised labour, to bring a family member to act as institutional forums to work together.

their carers to assist with bathing and cooking.

There are also residences that According to the Vice Chancellor of are dedicated to students with disabilities.
the University of Venda, Dr Bernard Nthambeleni, the university has about 3 756 students who are accommodated The committee further called for the one campus and has plans to increase utilisation and repurposing of unused accommodation.

Furthermore, ongoing public buildings for education and infrastructure development, renovation training.

The committee also called on and maintenance is being addresses.
the Department of Higher Education Chairperson Mkhatshwa noted that and Training, educational institutions everyone has a role to play their and the Department of Public Works role, especially when dealing with and Infrastructure to find available challenging issues such as spaces or buildings that can benefit load shedding.

the college further.


The committee noted that the campus The committee further called upon the is in a bad way and does not aspire Department of Higher Education and confidence as an institution of higher Training to assist colleges to ensure learning.

This could negatively impact that institutions use their budgets on prospective students.

The Student effectively and efficiently.


Whilst Representative Council alleged that in the institutions have established some instances students are funded partnerships with industry, the by NSFAS, but the university has committee is of the view that more refused to issue their qualifications.
should be done, especially by the The SRC also highlighted the plight of TVET colleges, to ensure placement students who cannot access wifi and and absorption of its graduate for noted also the shortage of generators workplace learning and employment.

for all residences.
for all residences.

The committee recommended that management All the stakeholders spoke with one needs to find a way to maintain and voice confirming the work done to clean residences, but cautioned that ensure that all systems are good ultimately students themselves also to go in 2023.

“We wish the two institutions well and also implore need to take personal responsibility for their living conditions.
Members vote against the adoption of the Section 89 Independent Panel’s report African Police Service, the National Prosecuting Authority and the Public Protector are still investigating the matter.

Thus, the ANC does not support the report.

Also registering that it did not support the report, the Congress of the People (COPE) highlighted the report’s lack of sufficient evidence.

Debating on behalf of COPE, Mr Willie Madisha said the panel lacks the tools to establish what really happened.
The report “has no legs”, he said.

The National Freedom Party (NFP) supported the report’s adoption, but argued that further steps, such as the establishment of an impeachment committee, should depend on the results of the Constitutional Court’s review of the report.

The NFP argued that President Cyril Ramaphosa enjoys the same rights as any other South Africa to interdict the NA from going ahead with the report, as it is under review by the court.
Also participating in the debate, the Minister of Justice and Correctional Services, Mr Ronald Lamola, said the panel has “set the bar too low to impeach the President”.

Evidence must be presented before the House before the report can be adopted.

Nonetheless, this debate is a good exercise in holding the President accountable and investigations on the matter are still under way, he said.
The Al Jamaal party said it noted the report and is waiting for the findings of the investigations in the Phala Phala matter that are still underway.

Thus far, the party believes there is currently no evidence that the President violated the Constitution.
Speaker Nosiviwe Mapisa-Nqakula Before the debate of the Section 89 Independent Panel report held in Parliament in December, a request for the vote on the report to be held in secret came from Members of the Economic Freedom Fighters (EFF) and the African Transformation Movement.

However, the request was denied by the Speaker of the National Assembly (NA), Ms Nosiviwe Mapisa-Nqakula, writes Mava Lukani.
Ms Mapisa-Nqakula declined the request on the basis of a decision taken by the National Assembly Programming Committee (NAPC) in a previous meeting.

The Speaker also insisted on a manual roll call.

The EFF then proposed a division of the House on the voting procedure to test the feeling of Members of the House.

The Speaker ruled that the division could be considered at the end of the debate.
The first speaker in the debate, Chief Whip of the African National Congress, Ms Pemmy Majodina, said the ANC respects the independent panel’s report, although the report lacks sufficient evidence.

For this reason, the ANC believes there is no need to rush the report’s adoption, particularly as eight institutions – the South Once voting had been complete, it was established that 214 NA Members voted against the adoption of the independent panel’s report, while 148 voted for the adoption.
The Chief Whip of the EFF, Mr Floyd Shivambu, told the Speaker that the EFF will subject the system to judicial review to safeguard the integrity of the process.

HOUSE ENGAGEMENT 11 National Assembly Debates Section 189 Independent Panel Report recommending the establishment of an impeachment committee.

“The UDM believe all four main players – the President, Mr Benjamin Chauke, Mr Arthur Fraser and Mr Hazim – must be given an opportunity to state their side of the story.
The panel found the president has a case to answer.

Let there now be a full enquiry by Parliament, the institution that elected him and to which he is accountable,” he said.

Mr Zungula said it is a travesty of justice for Parliament to decide that the President should not be given an opportunity to clear his name.

“The President is attempting to escape VOICE OF THE PEOPLE: Parliament debated the merits of establishing an inquiry into the President’s conduct relating to events at his farm Phala Phala.
The National Assembly debated the report of the Independent Panel established to investigate whether there is prima facie evidence to institute an impeachment inquest against President Cyril Ramaphosa, in terms of section 89 of the Constitution, writes Sakhile Mokoena.
The panel’s mandate was to consider a preliminary enquiry relating to a motion by African Transformation Movement (ATM) Member of Parliament Mr Vuyo Zungula, proposing a section 89 enquiry, and make a recommendation to the Speaker whether sufficient evidence exists to show that the President committed a serious violation of the Constitution or law; or committed a serious misconduct.
Political parties represented in the National Assembly expressed mixed views on the report’s recommendations that the President has a case to answer following the controversial robbery at the President’s farm involving large amounts of money in foreign currency.

Supporting the report and the establishment of an impeachment committee, Mr John Steenhuisen, the leader of the official opposition, the Democratic Alliance, said adopting the report was about allowing due process to take its course.
“It is about Inkatha Freedom Party Member of accountability by taking a non-binding acknowledging that the large gaps in Parliament Inkosi Mzamo Buthelezi report to court.

If he is innocent, why the story around the hidden and stolen said, “The IFP has considered the is he rejecting a process that will clear dollars warrant further inquiry, an report of the independent panel, and his name?” Mr Zungula asked.
inquiry that must be undertaken by a we believe that it could not have come committee of this Assembly.

to any other conclusion based on the Mr Brett Herron of the Good Party also information before it.

We therefore supported the report and the calls for “That is the test before this house support the recommendations it the establishment of an impeachment today.

Have we learnt anything from has made.

The panel has given its committee.


He said the panel report the past or are we prepared to break recommendations to Parliament.

presented an opportunity to break Parliament once more in defence of Thus, Parliament should set in motion away from a culture of impunity, which a leader who doesn’t want to be held the process of an impeachment has eroded Parliament for years, and accountable?” he asked.

committee,” he said.


to ensure that Parliament performs its job in holding the executive to The Economic Freedom Fighters (EFF) Mr Pieter Groenewald of the Freedom account.
also supported the panel’s report and Front Plus also supported the report the call for the establishment of an and called on the President to face “South Africa needs leaders who impeachment committee to continue questions in a parliamentary inquiry are morally, ethically and legally with the investigation on whether the about what happened at Phala Phala.

unimpeachable.
unimpeachable.

No person is above President has violated any laws and “It is common sense that if the the law and the rules adopted to give the Constitution.

EFF leader Mr Julius President has nothing to hide, he will effect to Section 89 must take their Malema said the President’s reluctance come forward and give answers.

If he course,” said Mr Herron.

to allow an inquiry into the activities at respects the Constitution, he will make Phala Phala farm was shocking.
himself available in the impeachment However, the Good Party also shares committee to ensure accountability,” the President’s reservations that there “It has become clear that you have said Mr Groenewald.

are various potential legal irregularities no intention of taking responsibility in the panel’s work and the report.
for the crimes of Phala Phala farm, Another party supporting the report “To impeach a sitting president is because at every opportunity you was the African Christian Democratic blame vulnerable staff members Party.

Party leader Reverend Kenneth an extraordinary constitutional act with significant social, political and for the crimes, staff members who Meshoe called on the President to, economic consequences.

It requires operate under your instruction.


We “Stop being evasive and to be honest a flawless legal process, it will be declare without fear of contradiction because the people of South Africa unfair and unreasonable to hold the that you are an enemy of the want answers.

The matter will not President before an impeachment Constitution of South Africa.

You should end here.


The President has a case to committee while these legal questions be ashamed that you have become the answer about the millions on his farm remain unanswered,” Mr Herron enemy of what so long defined your and why they were not declared, and argued.

legacy,” he said.
legacy,” he said.

why the theft was not reported to Mr Malema also questioned the proceed, but the impeachment must President’s decision to take the report Mr Bantu Holomisa, leader of the be deferred pending the outcome of police,” Rev Meshoe said.

He said Section 89 process must to court for a review, saying this is an United Democratic Movement the review.

attempt to avoid accountability.
(UDM), also supported the report 12 INSESSION NEWS Scopa Displeased With Lack of Consequences Relating to Prasa’s Ghost Employees SCOPA has requested PRASA to submit a detailed written report on the issue of ghost employees, including a timeline The Standing Committee on Public Accounts (SCOPA) held a hearing towards the end of December with the Passenger Rail Agency of South Africa (PRASA) on its 2021/22 annual report, financial statements, investigations, as well as fruitless and wasteful expenditure.
PRASA has received a disclaimed audit outcome for four consecutive years, writes Faith Ndenze.

The Chairperson of the PRASA Board, Mr Hlengwa pointed out that SCOPA “I said advertise this position because Mr Leonard Ramatlakane, told SCOPA had requested an update on this the biggest problem of PRASA is that the agency is saving R20 million a matter in March 2022 when it met supply chain management.
Employ month in salaries since the resignation with PRASA, but this information people who are capable, educated, of those 1 159 employees.

“We said has not reached the committee.

“My experienced and put them in that post.

its suspect that on one scoop, 1 159 expectations on Operation Ziveze Clean the place,” he said.

employees resign.

We were also not is that you would be presenting a provided with a resignation report or progress report on verification.
Now SCOPA has requested PRASA to submit a letter on these 1 159 employees,” it’s by chance that you have had a detailed written report on the issue he said.

resignations.” of ghost employees, including a Mr Ramatlakane said PRASA referred The Minister of Transport, Mr Fikile the matter to the Special Investigating Mbalula said he has been engaging The committee has also requested Unit (SIU) to investigate the matter.
with the Board on the issue of PRASA to submit monthly progress “The SIU has agreed that they will vacancies.

Minister Mbalula said PRASA reports on all other matters relating follow the money and look at who has doesn’t have a human resources to expenditure, investigations, annual been paid, who received the money executive and this has led to a lot report and financial statements.

timeline.

Among several issues arising from he said.

there is a vacancy at executive level.


out of this ghost workers saga,” of corruption.

Even in procurement SCOPA CHAIRPERSON: Mr Mkhuleko Hlengwa PRASA’s presentation, the committee was concerned about the lack of consequence management for hiring ghost employees at PRASA, after it heard that after launching Operation Ziveze, 1 159 employees suddenly resigned in one month.

SCOPA Member Mr Alf Lees asked for an update on the ghost employees discovered at PRASA.
“On the 29 March 2022, we were told there were 3 000 ghost employees.

What has been done?

Have they been dismissed?

Who are they?” he asked.

In a similar vein, SCOPA Chairperson Mr Mkhuleko Hlengwa asked PRASA how a ghost resigns and who processes these resignations.
PRASA must submit report on ghost employees, says SCOPA Scopa Wants Reassessment of National Treasury Note 3 The Standing Committee on Public Accounts (SCOPA) received a briefing recently from National Treasury on the provisions of the National Treasury Supply Chain Management Instruction No.

3 of 2021/22, writes Faith Ndenze.


The Chief Procurement Officer, Ms Mendoe Ntswahlana, told the committee that some of the contributing reasons for replacing instruction note 3 of 2016/17 with the new provision of 2021/22 was to enhance transparency and to accommodate the recommendations of the Zondo Commission of enquiry into state capture.

responsibility to procure goods and services is that of the organ of the state.

The Preferential Procurement Policy Framework Act says the same thing.
The Constitutional Court has also reminded us in February that we are probably encroaching on that capacity via regulations.

The fourth element is the Zondo Commission of Inquiry,” he said.

On the issue of accountability agreements, SCOPA member Mr Sakhumzi Somyo wanted to know how accountable National Treasury and all public sector departments and entities are in terms of the new instruction note.

“I accept the scrutiny of plans, because if you have the plans there is no way of going out of those plans.
The matters of wanting to deviate and expand would be accounted for in terms of the plans you would have at “The commission recommends that set hand,” he said.

standards of transparency consistent with the OECD Principles for integrity in public procurement be formulated by National Treasury for compulsory inclusion in every procurement system adopted by a public procurement entity,” she said.
The new instruction also deals with the introduction of procurement plans, advertising on the e-tender portal, developing an instruction to provide further elaboration on Treasury Regulation 16A6.6, which deals, amongst other things, with the participation on contracts arranged by other organs of state and publishing of all deviations and contract modifications (variations and expansions) submitted to National Treasury.
The Minister of Finance, Mr Enoch Gondongwana, informed SCOPA that four things impact on how National Treasury deals with this matter.

“The first one is the Constitution.

The Constitution refers to organs of state having their own procurement services and we develop a framework within which that will happen.
Basically, the Minister Godongwana said to enhance transparency, since 2 November 2022 he now tables in Cabinet all the Public Finance Management Act Section 32 reports from the various departments; this has been effective.

“This is another strategy we might have to follow that shows trends of deviations,” he said.

SCOPA requested mandatory monthly publications, noting all those who have made expansions and deviations.

The reasons for the change and the value of the transaction must also be included.
The Chairperson of SCOPA, Mr Mkhuleko Hlengwa, noted that expansions and deviations have been a headache for the committee.

“It is one action step in a broader supply chain management reality, but its consequences and ripple effects are far-reaching,” he said.

“We are calling for a re-assessment of this Treasury Instruction No.

3 and to build into it strengthened mechanisms for its effectiveness and efficiency,” he said.

OVERSIGHT 13 INSPECTOR-GENERAL OF INTELLIGENCE: Mr Imtiaz Fazel is sworn in.
Mr Imtiaz Fazel sworn in as Inspector-General of Intelligence Mr Imtiaz Ahmed Fazel was sworn in as the new Inspector-General of Intelligence in Parliament by Deputy Judge President Patricia Goliath of the Western Cape High Court at end of November 2022.

Mr Fazel’s swearing in was the culmination of a thorough appointment process undertaken by the Joint Standing Committee on Intelligence ( JSCI), as stipulated in Section 7 (1) of the Intelligence Services Oversight Act, No.

40 of 1994.
40 of 1994.

The Act states that the President shall appoint an Inspector- General of Intelligence (a) nominated by the committee; and (b) approved by the National Assembly (NA) by a resolution supported by at least two-thirds of its members.
The appointment process included the publishing of an advertisement in national and local newspapers in all official languages on 2 June 2021 with a deadline of 30 July 2021 for applications, which was extended to 30 September 2021 to allow for maximum public consultation and participation in Parliament’s work due to the importance of the position.

In accordance with the Act, the JSCI interviewed Mr Fazel as one of the 10 candidates shortlisted for the position on 8 and 9 February 2022.
On 30 August 2022, the JSCI nominated Mr Fazel for approval by the NA, which was approved at its plenary sitting on 13 September 2022, followed by a recommendation for appointment by the President.

President Cyril Ramaphosa appointed Mr Imtiaz Fazel as the Inspector-General of Intelligence for a period of five years with effect from 1 November 2022.

The committee is looking forward to working with Mr Fazel as he accounts and reports to the committee on the overall functioning of his office.
The JSCI expects Mr Fazel to perform his duties and functions impartially and independently, in good faith and without fear, favour, bias or prejudice.

As a foot soldier of the JSCI, the Inspector-General of Intelligence plays a crucial role in deepening oversight since he is able to monitor compliance by the services, review their activities, receive and investigates complaints and perform all other functions as contained in the Act.
The Chairperson of the JSCI, Mr Jerome Maake, wishes Mr Fazel well as he officially undertakes his duties as the Inspector-General of Intelligence for the next five years.

14 INSESSION NEWS Mineral Resources and Energy Committee Welcomes Increased Security at Power Stations The Chairperson of the Portfolio Committee on Mineral Resources and Energy, Mr Sahlulele Luzipo, has welcomed the increased security at four Eskom power stations: Majuba, Camden, Grootvlei and Tutuka.
Mr Luzipo understands that the South African National Defence Force has deployed at least 10 members to each of these power stations.

He also understands that this move comes hot on the heels of a successful raid of an illegal coal yard by multi-disciplinary law enforcement agencies in Emalahleni, in Mpumalanga.

According to media reports, more than 16 people were arrested and trucks and documents were seized in the raid.
In welcoming these developments Mr Luzipo said: “The committee has always held a firm view that the country’s electricity crisis is caused by Eskom’s inability to deal with maintenance of ageing power stations and internal sabotage, as opposed to a policy failure.

We now feel exonerated,” said Mr Luzipo.


Lastly, he said that talks about stabilising the country’s electricity should be about coming up with technological mechanisms to detect early signs of criminality and sabotage, considering that the deployment of the army alone is not a sustainable solution.
THE MAGAZINE FOR PUBLIC SECTOR DECISION-MAKERS SEPTEMBER 2022 Honesty and Integrity key to achieving clean audits New Act changing Gauteng’s township economy DPSA: support for women in leadership - M A K E R S S E P T E M B E R 2 0 2 2 The Public Sector Manager communicates with a strategic component of government’s target audiences – senior public sector managers.
The magazine aims to help the managers and their departments or agencies to improve the quality of the services they provide by reporting on management innovations and best practices within the public sector.

PROTECT WHAT WE HAVE: Mineral Resources and Energy committee welcomed the steps taken to improve security at several Eskom power stations during a recent oversight visit.
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To l l - f r e e h e l p l i n e : Health • Rural Development • Employment • Safety & Security • Education February 2023 Edition 1 Produced by: Government Communication & Information System (GCIS) Produced by: Government Communication & Information System (GCIS) Residents join forces to fight unemployment and poverty February 2023 Edition 1 February 2023 Edition 1 cooperative that will create jobs in the tourism sector because our community is situated at the borders of Kruger Natio- nal Park and Manyeleti Game Reserve,” he says.
Mathebula adds that sustai- ning the vision and keeping the cooperative running has not been a smooth ride, but giving up has never been an option.

“In the first few years of our existence, we managed to secure 50 hectares of land within the Welverdiend community, and the Natio- nal Department of Tourism funded our project of building the lodge with approximately R10.9 million between 2005 and 2008.

Unfortunately, we could not ﬁ nish the project and ran out of funds,” says Mathebula.
While looking for ways to complete the project, the coo- perative decided to start the Wild Olive Tree Camp in 2013 to oﬀ er tented accommodation for tourists, which came into operation in 2014.

In 2021, the cooperative received a R5 million grant from the Industrial Develop- ment Corporation (IDC) of South Africa Ltd to ﬁ nish buil- ding the lodge.

The IDC has a role to fund programmes and Cont.


on page 2 More Matshediso A group of young graduates in Welverdiend in Bushbuckridge, Mpumalanga, came togeth- er in 2001 to form a cooper- ative that has so far creat- ed more than 35 jobs in the tourism sector.

Mutlhwarheni Cooperative Ltd is a true example of what can be achieved if communi- ties join hands and collaborate with experienced companies to ﬁ ght poverty and unemploy- ment in society.
According to the coopera- tive’s General Secretary, Clifort Mathebula, the cooperative was established in 2001 by 17 unemployed youth in rural Welverdiend who were gradu- ates in diﬀ erent ﬁ elds of study, including teaching, accounting and tourism, among others.

“The aim was to establish a The new Mont d’Or Opern Kruger Lodge in Mpumalanga has created more than 35 jobs for locals to date.
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